Thursday, 22 October 2009

Chile - Google facing court battle on copyright

Google is found yet again in court for posting material online. It has been reported (see newspaper in Spanish here) that a claim was brought against Google Chile for distributing, in Video and YouTube, a documentary film titled ‘El diario de Agustin’ (Agustin’s Diary). Google was made aware that the material infringed the owners’ copyright since it was making the documental available without prior authorisation and without payment. Yet, Google desisted to remove the allegedly material from the sites. For that reason, the producers brought legal criminal action against the Company. However, it is early days since the case needs to be studied by the public prosecutor and to be decided on whether such behaviour constitutes a crime/offense or not.

It would be interesting to see, if the public prosecutor allows the action to proceed, the outcome of the dispute under criminal law. Does this particular violation of the IP law count as a crime? Or is it just an ‘offence’ to be resolved by civil law?

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